Seller fails to disclose future work on flat?

Seller fails to disclose future work on flat?

0:01 AM, 20th September 2024, About 3 weeks ago 8

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Hi All, I would like to give you a little background first, my foster child at 20 bought his first last year, and I helped with all aspects of the sale etc.

As you can imagine it was a proud moment for us all. 3 months after he got the keys he received a letter saying he owes 9k for work that was planned. At the time of sale, neither the management company nor the seller mentioned it and if we knew about it he wouldn’t have bought it.

This is the reply we got from our solicitor:

See attached Management Company LPE1 Replies. 4.62 makes reference to Section 20 works and the reply is N/A. No consultation letters were sent to us.

4.8 states if any Section 20 works are planned in the next 2 years and the reply is “none planned”.

4.10 replies no outstanding service charge consultations.

6.2 states no ongoing disputes about service charge.

8.6 states N/A for any ongoing Section 20 notices.

Therefore nothing in the replies to alert us.

I also attach the Annual Budget and nothing in those replies to indicate the hike.

I also attach the Sellers Leasehold Information Form and you will note they replied at 5.5 they knew of no cost to be incurred for the communal area and 6.2 stated they had not received any such notice.

I hope the above helps. Unfortunately, we were not made aware and it is the LPE1 and Sellers Leasehold Form where it gets disclosed.

I feel it’s unfair and the poor kid is worried sick.

What can we do? Can anyone advise or help please?

Thanks

edris


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Small Portfolio Landlord

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10:39 AM, 20th September 2024, About 3 weeks ago

I'm not 100% sure as this is a leasehold property, but I would have thought that should have been found by the conveyancing solicitors and you may have a claim against them.
The non-disclosure is also (IMO) fraudulent.
Somebody here may have better legal knowledge around this, but certainly speak to Citizen's Advice and potentially complain to your conveyancer.

Shohid Ali

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10:48 AM, 20th September 2024, About 3 weeks ago

Hi, it is a lease hold flat and conveyancing solicitors wasnt made aware by seller or managment company.

Mick Sparky

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11:03 AM, 20th September 2024, About 3 weeks ago

I had a similar experience with a leasehold flat. Not long after completion I was given a notification that my share of paying for the upcoming roof replacement was £3600.00.
This was a shock as I didn't know that the work was planned and wouldn't have bought the property if I knew this was scheduled to be done.
I had read every word of the legal documents and there was no mention of this. I spoke to the housing association who were the freeholder and was told I had to pay. Long story short.. I ended up having a meeting with the financial director and his minions. I mentioned that I would not have bought the property if I knew about the roof being replaced. He said it should have been mentioned in the legal pack that they are required to send out to purchasers and asked to see it. It turns out the pack that was sent out had this information missing from it. He asked me if I would have completed the purchase if I knew of the work scheduled and I said absolutely not.
Two weeks after the meeting I was informed that they were not going to charge me for the new roof provided I was happy to accept the decision as being final.
My point is, check your legal pack and take it to the top of the tree. At my meeting his minions laughed at me in front of him, which he addressed immediately knowing that I had a case I could take to court if I wanted to.

Jonathan Willis

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12:07 PM, 20th September 2024, About 3 weeks ago

This is exactly why they have to notify you. You'll either have a claim against the seller or the freeholder. Your conveyancing solicitor should be able to sort this for you. Without notification the most they can charge is £250.

Contact these -
https://www.lease-advice.org/

DPT

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14:41 PM, 20th September 2024, About 3 weeks ago

The first thing he should do is gather evidence of when this work was planned. He should speak to his neighbours to see when they became aware. If he can show that the work was planned when they completed the LPE1, then he could start speaking to solicitors or book a free call with the Leasehold Advisory Service.

Shohid Ali

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15:05 PM, 20th September 2024, About 3 weeks ago

Reply to the comment left by Mick Sparky at 20/09/2024 - 11:03
I am hoping for the same, but when i contact the management company it was flat no. They said i have to pay and willing to do pay plan.

Shohid Ali

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15:08 PM, 20th September 2024, About 3 weeks ago

Reply to the comment left by DPT at 20/09/2024 - 14:41
We got evidence, Leasehold Advisory Service didnt know about them. Will look into this. Was thinking at no win no fee solicitors.

Kizzie

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18:12 PM, 20th September 2024, About 3 weeks ago

The Man. Co. /Freeholder cannot have issued a section 20 Landlord & Tenant act 1985 consultation notice. So if the seller not declared the Notice and the Man Co has not confirmed to your solicitor that it has served a section 20 and consulted then you are only liable for £250 pa contribution.
Your solicitor should ask the Man Co for evidence that the Notice was properly served.
If none forthcoming then the misrepresentation is on the Man Co /Freeholder. it also suggests wider problems in management of the flats and reason for the sale.
Read the lease to see if the roof is leaseholders responsibility or the freeholders.

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